Moreno Valley Spousal Support Lawyer

Moreno Valley Spousal Support Attorney

In many families, both spouses financially contribute equally or nearly equally, but it is also common for one spouse to have a significantly higher income. This can leave the other spouse dependent financially, and when the marriage ends, the dependent spouse may be eligible for spousal support. If you’re facing divorce, a Moreno Valley spousal support lawyer at Edgar & Dow Family Law can help you navigate the process fairly.

For over 20 years, the trusted legal team at Edgar & Dow Family Law has been dedicated to providing high-quality legal representation for Southern California families in divorce, child custody, and other family law matters. We approach each case with honesty and a practical mindset to help our clients achieve their desired outcome, as quickly as possible. Our top goal is to preserve your family’s interests and find solutions that work for your individual situation.

Moreno Valley Families and Divorce

Moreno Valley has about 56,300 families, according to the most recent American Community Survey by the US Census. Of those families, around 27,500 are married, and 13,000 have at least one child under 18 living with them at home. California’s divorce rate is 5.88 divorces per 1,000 residents. This is considerably lower than the national divorce rate, which is 7.1 divorces per 1,000 residents. Moreno Valley family matters are typically heard by the Riverside County Superior Court.

How to Calculate Spousal Support in Moreno Valley

Spousal support, also known as alimony, is money that one person pays to their financially dependent former spouse. In California, either spouse may be eligible for spousal support if they can prove they have a financial need and that the other partner can afford to pay the support. A common formula for determining alimony subtracts 50% of the income from the lower-earning spouse from 40% of the higher-earning spouse’s.

Several factors are considered when a family court judge is determining spousal support. These include the length of the marriage and the following information about each spouse:

• Income sources and occupation
• Employability, marketable skills, and earning potential
• Total assets, including their part of the marital estate
• Debts and needs
• Age and health
• Contributions to the family

When the lower-earning dependent spouse cares for children full-time or part-time, the court generally considers whether it is in the child’s interest for that parent to seek additional employment. Child support is handled separately from spousal support, but it can be a factor in determining the amount of payment.

Spousal support is also separate from property division and is generally ordered when the couple separates, during the divorce, after the divorce, or any combination of these. Support payments can be short-term, long-term, or permanent. The spouse requesting support must prove their financial need and that the other spouse is able to pay alimony. The timing of alimony depends on the needs of the family and can include:

• Temporary support is generally made to the lower-earning spouse while the divorce is in process.
• Rehabilitative support is often awarded when the lower-earning spouse has been out of work for a while or is already pursuing education or certifications for a new career. It can continue while they acquire education, training, or other skills to support themselves.
• Long-term support may be part of the final divorce settlement, especially in cases where the couple was married for a long time, and it can generally be modified as circumstances change.

Payments are typically periodic, meaning they occur at regularly scheduled intervals, most commonly once a month. In some cases, weekly, biweekly, quarterly, or other payment schedules may work better for the family. In some cases, a single large lump-sum payment in a specified amount is also an option.

FAQs About Moreno Valley, CA Spousal Support Laws

How Long Does Spousal Support Last in California?

How long spousal support lasts in Moreno Valley can vary from case to case. It depends on several factors, including the length of the couple’s marriage, their earning capacity, standard of living, and other specific needs and circumstances. Depending on the situation, the divorce settlement may include a date for terminating spousal support. Spousal support can end if the receiving spouse gets remarried and, in some cases, if they move in with a new partner.

Does a Husband Have to Support his Wife During Separation?

No, a husband does not always have to support his ex-wife during separation. California does not consider gender in spousal support but rather the needs, income, and other factors of both spouses. In many cases, spousal support is not required during separation or divorce, especially when both spouses have similar incomes, assets, and financial needs. To determine if alimony is necessary in your case, consult with a trusted divorce attorney.

Can my Husband Quit His job to Avoid Alimony?

No, a husband can’t quit his job to avoid paying alimony. Alimony is determined in part on earning potential, which is the amount the person is capable of making, based on their experience, occupation, and other factors. This means that, even if one spouse quits their job, they may still be ordered to make support payments to a lower-earning spouse. However, if a spouse is fired involuntarily, that may change the outcome.

Can You Be Ordered to Pay Both Spousal Support and Child Support?

Yes, in some cases, a higher-earning spouse may have to pay spousal support and child support. Child support is determined independently of spousal support and is often given priority, as parents’ primary responsibility is to support their children. The most dependable way to determine how likely child support or spousal support is in your particular case is to review your situation with your divorce lawyer.

Your Trusted Moreno Valley Spousal Support Lawyer

The divorce attorneys at Edgar & Dow Family Law focus on family law, which means our clients benefit from a legal team with experience in divorce, spousal support, child custody, and child support. Whether you are considering a divorce or the process has already started, our lawyers can make sure you get the legal representation you deserve. Contact our office to schedule an initial consultation and learn about your legal options.